Rating agencies in EU regulations. Dilemmas of validity for their implementation

Abstract

The result of the global financial crisis of 2008-2009 was the implementation of a  number of new regulations, aimed at reducing the systemic risk in financial markets. These regulations included mainly the world banking system, the more that on the one hand banks contributed to the outbreak, and on the other hand – they have seriously affected by its consequences. Moreover, it is generally believed that rating agencies are co-responsible for the crisis because they have not noticed prerequisites of its occurrence. Therefore, in September 2009 the Regulation of the European Parliament and of the Council on credit rating agencies which operate in the European Union was implemented. The purpose of these regulations, is to organize the activities of credit rating agencies in the legal, organizational and grading methodology area. However, the question is whether the legal, and in some areas very rigorous regulations of agencies activities at EU level is so necessary, especially as they cover (in addition to a  small national agencies) only European branches of Fitch, Standard & Poor’s and Moody’s. Their headquarters and branches outside the European jurisdiction are not covered by these regulations.
Therefore, whereas the above dilemmas, the aim of the study is to discuss EU regulations of credit rating agencies and assess the validity of their implementation in the current form.